US Citizenship
Study Materials
Naturalization is
the process by which U.S. citizenship is
conferred upon a foreign citizen or national
after he or she fulfills the requirements
established by the Immigration and Nationality
Act (�INA�). The general requirements for
naturalization include:
-
A period
of continuous residence and physical
presence in the United States in status as a
Lawful Permanent Resident;
-
Residence
in a particular USCIS District prior to
filing;
-
The
ability to read, write, and speak English;
-
A
knowledge and understanding of U.S. history
and government;
-
Good moral
character;
-
Attachment
to the principles of the U.S. Constitution;
and
-
Favorable
disposition toward the United States.
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Age
Applicants must be at
least 18 years old.
Residency
An applicant must have
been lawfully admitted to the United States for
permanent residence. Lawfully admitted for permanent
residence means having been legally accorded the
privilege of residing permanently in the United States
as an immigrant in accordance with the immigration laws.
Individuals who have been lawfully admitted as permanent
residents will be asked to produce an I-551, Alien
Registration Receipt Card, as proof of their status.
Residence and
Physical Presence
An applicant is
eligible to file if, immediately preceding the filing of
the application, he or she:
- has been lawfully
admitted for permanent residence;
- has resided
continuously as a lawful permanent resident in the
U.S. for at least 5 years prior to filing with
absences from the United States totaling no more
than one year;
- has been
physically present in the United States for at least
30 months out of the previous five years (absences
of more than six months but less than one year break
the continuity of residence unless the applicant can
establish that he or she did not abandon his or her
residence during such period);
- has resided within
a state or district for at least three months.
Good Moral
Character
Generally, an applicant
must show that he or she has been a person of good moral
character for the statutory period (typically five years
or three years if married to a U.S. citizen or one year
for Armed Forces expedite) prior to filing for
naturalization. The Service is not limited to the
statutory period in determining whether an applicant has
established good moral character. An applicant is
permanently barred from naturalization if he or she has
ever been convicted of murder. An applicant is also
permanently barred from naturalization if he or she has
been convicted of an aggravated felony as defined in
section 101(a)(43) of the Act on or after November 29,
1990. A person also cannot be found to be a person of
good moral character if during the last five years he or
she:
- has committed and
been convicted of one or more crimes involving moral
turpitude
- has committed and
been convicted of 2 or more offenses for which the
total sentence imposed was 5 years or more
- has committed and
been convicted of any controlled substance law,
except for a single offense of simple possession of
30 grams or less of marijuana
- has been confined
to a penal institution during the statutory period,
as a result of a conviction, for an aggregate period
of 180 days or more
- has committed and
been convicted of two or more gambling offenses
- is or has earned
his or her principle income from illegal gambling
- is or has been
involved in prostitution or commercialized vice
- is or has been
involved in smuggling illegal aliens into the United
States
- is or has been a
habitual drunkard
- is practicing or
has practiced polygamy
- has willfully
failed or refused to support dependents
- has given false
testimony, under oath, in order to receive a benefit
under the Immigration and Nationality Act.
An applicant must
disclose all relevant facts to the Service, including
his or her entire criminal history, regardless of
whether the criminal history disqualifies the applicant
under the enumerated provisions.
Language
Applicants for
naturalization must be able to read, write, speak, and
understand words in ordinary usage in the English
language. Applicants exempt from this requirement are
those who on the date of filing:
- have been residing
in the United States subsequent to a lawful
admission for permanent residence for at least 15
years and are over 55 years of age;
- have been residing
in the United States subsequent to a lawful
admission for permanent residence for at least 20
years and are over 50 years of age; or
- have a medically
determinable physical or mental impairment, where
the impairment affects the applicant�s ability to
learn English.
United States
Government and History Knowledge
An applicant for
naturalization must demonstrate a knowledge and
understanding of the basics of the history and of the
principles and form of government of the United States.
Applicants exempt from this requirement are those who,
on the date of filing, have a medically determinable
physical or mental impairment, where the impairment
affects the applicant�s ability to learn U.S. History
and Government. Applicants who have been residing in the
U.S. subsequent to a lawful admission for permanent
residence for at least 20 years and are over the age of
65 will be afforded special consideration in satisfying
this requirement.
Spouses of U.S.
Citizens
Generally, certain
lawful permanent residents married to a U.S. citizen may
file for naturalization after residing continuously in
the United States for three years if immediately
preceding the filing of the application:
- the applicant has
been married to and living in a valid marital union
with the same U.S. citizen spouse for all three
years;
- the U.S. spouse
has been a citizen for all three years and meets all
physical presence and residence requirements; and
- the applicant
meets all other naturalization requirements.
There are also
exceptions for lawful permanent residents married to
U.S. citizens stationed or employed abroad. Some lawful
permanent residents may not have to comply with the
residence or physical presence requirements when the
U.S. citizen spouse is employed by one of the following:
- the U.S.
Government (including the U.S. Armed Forces);
- American research
institutes recognized by the Attorney General;
- recognized U.S.
religious organizations;
- U.S. research
institutions;
- an American firm
engaged in the development of foreign trade and
commerce of the United States; or
- certain public
international organizations involving the United
States.
Veterans of
U.S. Armed Forces
Certain applicants who
have served in the U.S. Armed Forces are eligible to
file for naturalization based on current or prior U.S.
military service. Such applicants should file the N-400
Military Naturalization Packet.
Lawful
Permanent Residents with Three Years U.S. Military
Service
An applicant who has
served for three years in the U.S. military and who is a
lawful permanent resident is excused from any specific
period of required residence, period of residence in any
specific place, or physical presence within the United
States if an application for naturalization is filed
while the applicant is still serving or within six
months of an honorable discharge.
To be eligible for these exemptions, an applicant must:
- have served
honorably or separated under honorable conditions;
- completed three
years or more of military service;
- be a legal
permanent resident at the time of his or her
examination on the application; or
- establish good
moral character if service was discontinuous or not
honorable.
Applicants who file for
naturalization more than six months after termination of
three years of service in the U.S. military may count
any periods of honorable service as residence and
physical presence in the United States.
An applicant who has
served honorably during any of the following periods of
conflict is entitled to certain considerations:
World War I - 4/16/17
to 11/11/18;
World War II - 9/1/39
to 12/31/46
Korean Conflict -
6/25/50 to 7/1/55;
Vietnam Conflict -
2/28/61 to 10/15/78;
Operation Desert
Shield/ Desert Storm - 8/29/90 to 4/11/91; or
any other period which the President, by Executive
Order, has designated as a period in which the Armed
Forces of the United States are or were engaged in
military operations involving armed conflict with
hostile foreign forces.
Applicants who have
served during any of the aforementioned conflicts may
apply for naturalization based on military service after
qualifying service and the requirements for specific
periods of physical presence in the United States and
residence in the United States are waived.
